Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 1264 of 2010 Petitioner :- Guddi @ Shweta Respondent :- State Of U.P. Thru' Secy. Min. Of Home Petitioner Counsel :- Bishram Tiwari Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and
perused the record.
Learned counsel for the petitioner submits that there is no juvenile board
constituted under the Juvenile Justice (Care and Protection of Children) Act at
the District Kushi Nagar and as per provision of Section 7 of the Juvenile
Justice (Care and Protection of Children) Act the Magistrate ought to have
considered this fact that the petitioner was juvenile and if he was of opinion
that he was juvenile then he will forward the juvenile before the competent
authority having jurisdiction of the proceeding.
The petition is disposed of with the direction to the learned Magistrate, Kushi
Nagar that he shall consider the application of the petitioner under section 7 of
the Juvenile Justice (Care and Protection of Children) Act and shall act
accordingly. The petitioner shall appear before the court concerned on 23rd
February, 2010.
Order Date :- 1.2.2010
Masarrat